RE LAM MUK CHOI

RE LAM MUK CHOI

The applicant proved he was entitled to redeem and had taken reasonable steps to locate the mortgagee who could not be found; exercising the court's discretion under s12A, payment into court of HK$52 (HK$4 principal plus interest at 10% p.a. compounded over 120 years as adopted for contingency) was sufficient to...

Source-derived case information.

Citation
[2025] HKCFI 6124
Parties
Applicant/registered Owner: Lam Muk Choi; Mortgagee/encumbrancer (cannot Be Found): Lam Kwang Tsun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2025
Case Number
HCMP1455/2025
Procedural Posture
Application Under Section 12 a Conveyancing and Property Ordinance (payment Into Court to Redeem Mortgage) / First Instance (court of First Instance), Ex Parte Application, Paper Disposal Judgment
Outcome
Leave granted to pay HK$52 into court to redeem mortgage; advertising and opportunity for interested persons to apply; applicant may apply for declaration under s12A(2) after prescribed period.
Legal Topics
Redemption of Mortgage, Section 12 a CPO, Payment Into Court, Stale Mortgage, Service by Advertisement, Interest Assessment
Source Language
en
Property Conveyancing Equity Civil Procedure Redemption of Mortgage Section 12 a CPO Payment Into Court Stale Mortgage +2 more

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Parties

Lam Muk Choi

Applicant/registered Owner

Lam Kwang Tsun

Mortgagee/encumbrancer (cannot Be Found)

Procedural Posture

Application Under Section 12 a Conveyancing and Property Ordinance (payment Into Court to Redeem Mortgage) / First Instance (court of First Instance), Ex Parte Application, Paper Disposal Judgment

Legal Issues

  1. 1 Whether the encumbrancer (mortgagee) could be found despite reasonable searches
  2. 2 Whether the court should allow payment into court under s12A CPO to redeem a stale mortgage
  3. 3 What sum is sufficient to redeem the mortgage including interest and contingency

Ratio Decidendi

The applicant proved he was entitled to redeem and had taken reasonable steps to locate the mortgagee who could not be found; exercising the court's discretion under s12A, payment into court of HK$52 (HK$4 principal plus interest at 10% p.a. compounded over 120 years as adopted for contingency) was sufficient to redeem the mortgage; leave granted subject to advertisement and time for any interested person to apply.

Court Disposition

Leave granted to pay HK$52 into court to redeem mortgage; advertising and opportunity for interested persons to apply; applicant may apply for declaration under s12A(2) after prescribed period.

Orders

  • Leave granted to the applicant to pay into Court a sum of HK$52, being a sum sufficient to redeem the Mortgage and any interest thereon.
  • Within 7 days after the payment into Court is made, the applicant must advertise in a widely circulated local Chinese newspaper a notice of this order and payment into Court and stating that any person interested in the Mortgage and/or the payment may apply within 14 days to be joined as a defendant to these...